Dispute Resolution

The College uses Dispute Resolution (DR) to facilitate the resolution of suitable complaints regarding members of the profession. DR is voluntary and without prejudice to the parties. The results of the DR process are similar to those that would be expected following a full investigation and/or contested hearing.

The members in the cases reported here have consented to the publication of a summary of the complaint and its resolution.

Member: Linda Louise Elder
Registration number: 170121
Decision: Resignation / cancellation

Following notification by the Hamilton-Wentworth DSB, the Registrar initiated a complaint against Linda Louise Elder. The Registrar alleged that the member, an education assistant:

  • during the fall of 2005:
    • picked up a Grade 3 student with Down’s syndrome, turned her upside down, and pushed her back into the metal release bar on a door to open that door
    • dragged the student across the cement on the school playground
    • dragged the student down a school hallway
  • during the winter season of 2006:
    • held onto the wrists of a student while taking the student to the office
    • when the student failed to follow the member’s directions, held onto his or her hand so tightly that the student’s ring pinched his or her hand
  • on or about March 30, 2006, in an attempt to calm down a male kindergarten student:
    • attempted to move the student to a time-out chair in the classroom by holding onto his left hand and his underarm
    • held onto the student’s upper arms
    • picked up the student from behind and carried him out of the classroom
    • held the student’s wrists very tightly
  • on or about September 11, 2006:
    • grabbed the wrist of a Grade 4 male student with special needs
    • pulled him out of his chair
    • pulled him out of the classroom
    • bashed him with her knee twice
  • failed to adhere to board policy and to directions from the school principal when she smoked on school property.

On April 24, 2008, the Investigation Committee ratified an MOA between the member and the College, in which the member:

  • admitted the above-described conduct
  • agreed to resign her membership in the College
  • agreed that the Registrar would immediately cancel her Certificates of Qualification and Registration
  • agreed to a notation on the public register
  • agreed to publication of her name with a summary of the complaint and its resolution in Professionally Speaking and on the College web site
  • agreed to placement of a copy of the Investigation Committee decision and the MOA in a publicly accessible area of the College
  • agreed that the College would provide notice of cancellation of her certificates to those organizations routinely notified of such action.

When the Discipline Committee finds a member guilty of professional misconduct, the member’s name may be published in Professionally Speaking. If a similar matter is disposed of by the Investigation Committee or DR at the investigation stage, and the result is a caution, the name of the member is not published. The College monitors compliance with all agreements reached through DR.

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